.....or the decree or order of a Court holds the land on lease permanently; or (b) the commencement or duration of whose tenancy cannot satisfactorily be proved by reason of antiquity; and includes a tenant whose name or the name of whose predecessor-in-title has been entered in the record of rights or in any public record or in any other revenue record as a permanent tenant immediately before the commencement of the Amending Act, 1955; (11) "Person" includes [a joint] family; (12) "Prescribed" means prescribed by rules made under this Act; (13) "Profits of Agriculture" in respect of any land means the surplus remaining [with the holder] after the expenses of cultivation including the wages of the cultivator working on the land are deducted from the gross produce; Explanation:- If the member of the family of a holder work on the land for the purpose of cultivation thereof, the labour of such members shall be taken into account in estimating the expenses of cultivation referred to in this clause; (14) "Protected tenant" means a person who is recognised to be a protected tenant [under section 4A; [* * * * * * * * * (16) "Rent" means any consideration, in money or.....
List Judgments citing this section.....said Act. G. N., A. & F. D., No. 3552(c)-D, dated 10th October, 1951 (B. G., Pt. IV-B, p. 2713) In exercise of the powers conferred by sub-section (2) of section 4 of the Bombay Animal Contagious Diseases (Control) Act, 1948 (Bom. LIX of 1948), the Government of Bombay is pleased to appoint all Stockmen in the Animal Husbandry and Veterinary Science Department of the Bombay State to be the Inspectors for all the purposes of the said Act and for the areas within their respective jurisdictions within which they shall exercise the powers and perform the duties of an Inspector under the said Act. G. N., A. & F. D., No. DIS. 1660-G, dated 3rd September, 1960 (M. G., Pt. IV-B, p. 190) In exercise of the powers conferred by sub-section (2) of section 1 of the Bombay Animal Contagious Diseases (Control) (Extension and Amendment) Act, 1960 (Mah. III of 1960), the Government of Maharashtra hereby appoints the 3rd day of September, 1960, to be the date on which the said Act shall come into force. G. N., A. & F. D., No. DIS. 1660/20763-G(c), dated 29th September, 1960 (M. G., Pt. IV-B, p. 250) In exeicise of the powers conferred by sub-section (8) of section 13.....
View Complete Act List Judgments citing this section..... who has been called to treat, an animal which he has reason to believe to be affected with a scheduled disease shall forthwith report the fact to the Inspector having jurisdiction in the area. SECTION 19A: 2[DUTY OF PERSON IN CHARGE TO ISOLATE INFECTIVE ANIMALS Every owner, or person in charge of an animal which he has reason to believe to be affected with a scheduled disease shall keep that animal in a closed space separate from animals not so affected. Explanation:""Closed space" for the purposes of this section means any place, enclosed in such manner, and situated at such distance, as to effectively prevent any animal affected with a scheduled disease from coming into contact with any animal not so affected, or any animal not so affected from coming into contact with an animal so affected.] SECTION 20: KEEPING OR GRAZING INFECTIVE ANIMAL PROHIBITED No person shall keep or graze in open or unenclosed land to which other persons have a right of access for their animals, any animal which he knows to be infective. SECTION 21: BRINGING OF INFECTIVE ANIMAL IN MARKET, ETC., PROHIBITED No person shall bring or attempt to bring into any market, fair,.....
List Judgments citing this section.....to medical examination that such partner or guardian will not re-infect the child in respect of whom the order has been passed. SECTION 21: FACTORS TO BE TAKEN INTO CONSIDERATION IN PASSING ORDERS BY COURTS For the purpose of any order which a Court has to pass under this Act, the Court shall have regard to the following factors:- (a) the character and age of the child, (b) the circumstances in which the child is living, (c) the reports made by the28[Child Welfare Officer (Probation)], and (d) such other matters as may, in the opinion of the Court, require to be taken into consideration in the interests of the child : Provided that where a youthful offender is found to have committed an offence, the above factors shall be taken into consideration after the Court has recorded a finding against the youthful offender that he has committed the offence. SECTION 22: REPORTS OF [CHILD WELFARE OFFICERS (PROBATION)] AND OTHER REPORTS TO BE TREATED CONFIDENTIAL The report of the29[Child Welfare Officer (Probation)] or any other report considered by the Court under section 21 shall be treated as confidential: Provided that if such report relates to the character, health or conduct.....
List Judgments citing this section.....at the same time it is also necessary, purely on humanitarian ground, to give them some time to make their own alternate arrangement. In the facts and circumstances as aforesaid, it was considered expedient to extend the period of requisition under the Act for a further period of three years beyond the 26th December, 1994, so as to enable the State Government to complete the process of de-requisitioning during the extended period of three years. It was, therefore, proposed to suitably amend sub-section (1A) of section 9 of the principal Act extending the total period of requisition from twenty-one years to twenty-four years.- [Mah. Act No. 7 of 1995]. The Bombay Rents, Hotel and Lodging House Rates Control, the Bombay Land Requisition and the Bombay Government Premises (Eviction) (Amendment) Act, 1996 (Mah. XVI of 1997), has been enacted by the Government of Maharashtra with a view to protect the occupants of the requisitioned premises. In view of the Supreme Court Judgment in Grahak Sanstha Manch v. State of Maharashtra, AIR 1994 SC 2319, Government was required to obtain vacant possession of the requisitioned premises and hand over the vacant possession of the.....
View Complete Act List Judgments citing this section.....consideration.- M/s. Shah & Co., Bombay v. The State of Maharashtra, AIR 1967 SC 1877 : 1968 Mah. L.J. 395 : 1968 Bom. L.R. 119. Requisition order.- Under section 6(4)(a) it is necessary that the requisition order should be made for the purpose of the State or for other public purpose and if the order does not do so, it is bad.- State v. Mohanlal Kapur, AIR 1952 Bom. 404 : 53 Bom. L.R. 669. Requisitioning premises for housing a member of the staff of a foreign Consulate.- Legislative competence of the State Legislature is restricted to passing a Requisition Act only for the purposes of the State. The State Government cannot requisition property for a purpose which is not a purpose of the State.- Ali Gulshan v. State, AIR 1953 Bom. 337 : 55 Bom. L.R. 308. Requisition of flat.- Government cannot continue requisition for indefinate period.- H. D. Vora v. State of Maharashtra, 1984 (2) Bom. C.R. 239 : 1984 Mah. L.R. 418. Purpose of requisition.- Land must be used for purpose for which it was requisitioned. If requisition is not for public purpose then landlord can challenge the question of public purpose.- State of Maharashtra v. Ibrahim, 1979 Mah. L.J. 486. .....
View Complete Act List Judgments citing this section.....means to bring into the State of Maharashtra, otherwise than across a customs frontier;] (d) "infective animal" means an animal which is affected with a scheduled disease or has recently been in contact with or in close proximity to an animal so affected; (e) "Inspector" means an Inspector appointed under section 4; (f) "prescribed" means prescribed by rules made under section 36; (g) "rules" means rule made under section 36; (h) "scheduled disease" means any disease specified in the Schedule to this Act; (i) "transport" means to remove to one place from another place within the 2[State of Maharashtra]; (j) "Veterinary Surgeon" means a Veterinary Surgeon appointed under section 4. ______________ 1. Clauses (b) and (c) were substituted for the original by Mah. 3 of 1960. Section 7(a). 2. These words were substituted for the words "Bombay area of the State of Maharashtra" by Mah. 3 of 1960, Section 7(b).
View Complete Act List Judgments citing this section.....for purposes of gain pr not] any business, trade or -profession or work in connection with or incidental or ancillary thereto but does not include a factory, shop, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment; 1. Subs. by Mah. 26 of 19,61, s. 4(a). 2. Added by Mah. 64 of 1977, s. 2(b) 3. Ins. by Bom. 28 of 1952, s. 2(i). (5) "Day" means the period of twenty-four hours beginning at midnight: Provided that in the case of an employee whose hours of work extend beyond midnight, day means the period of twenty-four hours beginning when such employment commences irrespective of midnight; 1[(6) "Employee" means a person wholly or principally employed, whether directly or through any agency, and whether for wages other consideration in or in connection with any establishment; and includes an apprentice, but does not include a member of the employer's family;] (7) "Employer" means a person owning or having ultimate control over the affairs of an establishment; (8)"Establishment" means a shop, commercial establishment, residential hotel, restaurant, eating house, theatre, or other place public amusement or entertainment to which.....
List Judgments citing this section.....provisions, for better enforcement of the Act as an instrument designed to promote the well-being of children affected by it, are proposed in the Act. In this Act, it is provided that juvenile offenders are to be tried in the Juvenile Courts alone. Also joint trials of juveniles and adults are prohibited in the areas where such Juvenile Courts exist. The Legal Practitioners appearances are restricted and allowed only in exceptional cases. The new concept was that a child before commitment to a certified school or fit person institution, should be properly diagnosed on the following points - (a) Psychological; (b) Nature of his behaviour; (c) Family background; (d) capability and aptitude etc. After this diagnosis, a child can be sent to the appropriate institution. This is known as a 'classifying centre' where he is sent for diagnosis purpose. ___________________ 1. This Act was extended to the rest of the State of Maharashtra (vide Mah. 38 of 1963. section 2). 2. For Statement of Objects and Reasons, see Bombay Government Gazette, 1948. Part V, p. 421. 3. These words were substituted for the words "Province of Bombay" by Mah. 38 of 1963, section 3.
View Complete Act List Judgments citing this section.....6[into the 7[State of Maharashtra], 5[or as the case may be, into the division] otherwise than during the season and by the route so appointed. ________________________ 1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 2. These words were inserted by Bom. 8 of 1958. Schedule. 3. These words were substituted for the words "into the State" by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956. 4. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 5. These words were inserted by Bom. 8 of 1958. Schedule. 6. These words were substituted for the words "into the State" by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956. 7. These words were substituted for the words "Bombay area of the State of Maharashtra" by Mah. 3 of 1960. Section 10.
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